Role and methodology: how commercial lawyers secure your growth
You might suspect that a business law lawyer or a commercial law lawyer is an asset for any entrepreneur or company, but what does the commercial lawyer do? We see it in the news, we hear about it in press releases about mergers and acquisitions, we hear about it in our networks. Maybe you think lawyers are too expensive. You might think: why should I pay for a lawyer when I don’t have any problems with my business? In this article, you will understand that the business lawyer and the commercial lawyer give the most value before problems arise.
To better understand the differences between commercial lawyers and business lawyers, we invite you to consult the corresponding pages of our website. They are often synonymous, but commercial lawyers often focus their dispute resolution and litigation practice in specific commercial areas, whereas the business lawyer is more often a generalist.
Indeed, securing the growth of your company is, above all, about anticipating and preventing commercial disputes. The management and drafting of commercial contracts are essential and are a crucial process to protect your interests and obtain legal certainty. The role of a commercial lawyer is to ensure that all the steps you take, as an entrepreneur, comply with the rules of the art at the legal level. Think of the drafting of certain commercial contracts, in particular, sales contracts, commercial leases, loan contracts and others. Business lawyers support the organization of the corporation, such as its incorporation and the organization of shareholder relations. Thus, business and commercial lawyers ensure good structure within and outside the company, respectively, and that the functions and responsibilities of the partners are delineated and that the transactions made by the company are secure. In doing so, they protect the growth and sustainability of the company by reducing the risk of litigation.
The Boavista method: a preventive approach to business law
The audit of your needs and the analysis of risks.
At Boavista, we take an approach based on the needs of our customers. Our commercial lawyers will be able to provide you with advice and support to arrive at a risk management strategy to ensure the safety of the company’s activities. Our constant supervision during the company’s existence allows us to identify risks and eliminate them throughout the company’s growth and preserve its sustainability by ensuring the transactional security of the company’s business.
Tailor-made writing vs. generic templates.
The tailor-made drafting of commercial contracts by our business law lawyers allows us to respond directly to the issues targeted by the client. It is also directly aligned with the company’s operational strategy. Our lawyers will make sure to rigorously draft the contract in compliance with all the legal framework to prevent possible disputes that may arise from starting a business. Indeed, to better anticipate and prevent risk, a drafting focused on the needs of the parties and clearly establishing the rights and obligations of each party is essential.
While it may be tempting to use the templates available online, even the best template is just a suggestion and won’t be a perfect fit for your needs. Although this option appears faster and cheaper, it can be tricky. What will happen if you encounter a conflict and you can’t understand the terms of your contract, your rights and obligations? Or if the contract is not adapted to your needs? Not to mention the risk of having illegal or inconsistent clauses or an unfavourable interpretation of the contract against you. You will see that there are therefore some risks in building your contracts with templates.
If you think that a custom-made contract is expensive, you will be astounded by the cost of a commercial dispute. A good contract can avoid and prevent disputes and secure the company, it is thus often a worthwhile investment!
For any drafting of commercial contracts, do not hesitate to consult one of our commercial lawyers, who will be able to accompany you during this process by making sure the contract fits your needs.
The key steps of legal support in commercial law
Phase 1: Analysis of the contractual structure.
It is important to understand that a business is not just a single contract; there are several contracts that are related to the operation of a business, which read together, constitute the whole of the business. First, there are the company’s books and the constitutive contracts that govern the relationships between the stakeholders within the company. Second, you will find commercial contracts with external partners, investors and suppliers. The role of the commercial lawyer is to identify all the contracts that will be necessary to ensure the sustainability of the company. He also ensures the consistency between them and their validity to offer the entrepreneur legal certainty and prevent possible disputes. The fruit of this work ensures a solid contractual foundation to prevent possible pitfalls and thus protect the growth and scaling of the company.
Phase 2: Strategic negotiation with partners.
Contract negotiation is an integral part of entrepreneurship and a key role of commercial lawyers. This is a process that is of great importance, because it leads to mutually satisfactory agreements with the partners. Legal support plays a key role during this stage, in particular to avoid reaching agreements that are to the disadvantage of the company and also to avoid making concessions that would be too generous. Preparation for the negotiation process is a step that should not be neglected. Indeed, it is essential to identify the needs and objectives of the company before starting any negotiations. Successful negotiations can lead to long-term relationships of trust with partners that allow the company to continue to grow and sustain.
Our commercial lawyers will be able to accompany you throughout the negotiation process and allow you to start these steps prepared and with confidence.
Phase 3: Review and ongoing compliance.
Contract management is a task that should not be taken lightly. Indeed, many contracts have deadlines that are easy to miss and that can expose entrepreneurs to several consequences, such as the loss of a sale or business opportunity. Let’s not forget that some commercial contracts are automatically renewed, which can also have serious repercussions on the entrepreneur. Doing business with a commercial lawyer will ensure constant follow-up regarding deadlines and unwanted renewals. By doing so, you ensure legal certainty by preventing disputes that could arise from these oversights.
Moreover, business growth is not a static concept, it is a dynamic idea. Having this legal support also allows you to have constant compliance according to the evolution and changes that arise within the company to have contracts that faithfully represent the look of the company to avoid disputes or penalties.
Why work with a commercial lawyer upfront
Working with a commercial lawyer before problems arise provides a solid foundation for your business. It also ensures that contracts comply with the legal framework surrounding the business world. With this collaboration, you can prevent or mitigate the risk of potential disputes that could arise. The lawyer will help the entrepreneur navigate through the applicable laws and regulations, thus offering, once again, legal certainty to the entrepreneur and minimizing the risks of the company and avoiding legal proceedings.
Conclusion: a strategic investment for the sustainability of the company
In conclusion, the recourse to a commercial lawyer should not be seen as an expense, but rather as an investment. Indeed, working with a commercial lawyer makes it possible to prevent many costs that could be incurred without this support, such as a missed deadline that opens the door to a lawsuit. In addition, the legal support offered allows you to build solid and trusting relationships with your partners through fair agreements that meet the needs of each party and respect the limits set by law.
This article has outlined the role of the commercial lawyer and his main methods to protect your business or project.
Do not hesitate to consult our commercial lawyers, who will be able to assist you in all your entrepreneurial steps or your commercial disputes and disputes. Indeed, sometimes even with the best protection and contracts, disputes can still arise.
Release — The purpose of this article is to inform and raise public awareness of legal issues. The legal information in this article is provided for informational purposes only and is likely to vary significantly over time and according to the precise facts of each situation. The reading of this article does not create an attorney-client relationship. This article is not a substitute for a lawyer’s legal opinion and does not engage the liability of Boavista Legal Services Inc., its lawyers, articling students, employees, successors, assigns and subcontractors.
